R v BLAKE [2003] NSWCCA 113

R v BLAKE [2003] NSWCCA 113

The sentences imposed, though relatively severe, were not manifestly excessive or outside the available range given the seriousness of the offences, the applicant's criminal history, and his role in the offences; even if the sentencing judge erred regarding the applicant's role, the outcome is not affected in light of the applicable principles.

Jurisdiction
Australia
Judgment Date
28 April 2003
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence—court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'break and Enter' 'receiving Stolen Property' 'role of Offender' 'manifest Excess']
['criminal Law'] ['sentencing' 'break and Enter' 'receiving Stolen Property' 'role of Offender' 'manifest Excess']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence—court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentences were manifestly excessive' "Whether the sentencing judge erred in not sufficiently differentiating the applicant's role from co-offenders"]

Ratio Decidendi

The sentences imposed, though relatively severe, were not manifestly excessive or outside the available range given the seriousness of the offences, the applicant's criminal history, and his role in the offences; even if the sentencing judge erred regarding the applicant's role, the outcome is not affected in light of the applicable principles.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal is granted.' 'Appeal is dismissed.']